(Effective: March 2012)
1.1 The following General Terms and Conditions (GTC) apply to the use of the platform www.Adriatic-Home.com. The platform www.Adriatic-Home.com is a service of the company GUST Ltd from Dubrovnik ('Adriatic-Home' or 'we').
2.1 The website www.Adriatic-Home.com is online platform. Private individuals or legal persons that have registered, and whose registration has been confirmed by Adriatic-Home (hereinafter: 'User'), can provide and rent apartments, rooms or other accommodations . The conclusion of the user contract is free.
2.2 Adriatic-Home provides a website platform for posting content and offers, making contacts, and preparing and concluding rental contracts. Rental contracts come to stand exclusively between the offering user (“provider”) and the renting user (“renter”). Adriatic-Home itself does not provide accommodations and does not accept any offers. Adriatic-Home is not a party in the contact concluded between the users on the website. The fulfillment of the contracts concluded between users on the website is solely between users.
2.3 Rental offers and content posted by users on the website will not be verified by Adriatic-Home as to their legality, accuracy or completeness. Adriatic-Home is not responsible for third party offerings and content.
3.1 The use of Adriatic-Home's services requires that the user has previously registered. Registration is free and requires that the user accept the GTC. By receiving a confirmation e-mail at the user-specified e-mail address by Adriatic-Home web site, a contract between Adriatic-Home and the user to use Adriatic-Home's services ('user contract') comes to stand. There is no legal right to conclude such a user contract.
3.2 During the registration, the user is obligated to provide accurate, up-to-date and complete information as required by the registration form, especially first and last name, current postal address a valid e-mail address and, where appropriate, to state the name of the company and an authorized representative.. Multiple registrations under different member names are prohibited. After registration, the user receives a password and his username is email address.
4.1 The user is obligated to maintain up-to-date and accurate information in his membership accounts, and in the event of a change, to correct it immediately.
4.2 The user is obligated to ensure that his membership account is only used by himself and is obligated for this purpose to keep his password secret.
4.3 Users are liable for all activities that are carried out while their member account is used. The user is not liable if he was not responsible for the misuse of his membership account as long as the existing duty of care was not violated.
4.4 Once the user is aware that third parties have access to his member account or have otherwise gained access to his member's account, he shall forthwith notify Adriatic-Home. Adriatic-Home shall then block the member's account until the situation has been clarified.
5.1 The user is responsible that the accommodation he offers is described correctly and completely. The user must at least provide the information in the mandatory fields, so that the accommodation and the offer is adequately described. In addition, it is up to the provider to request additional conditions, such as a deposit amount, the cost of cleaning, the possibility of canceling, etc. The various, contractual cancellation policies can be found at the following 'cancellation policies' .
5.2 Users are obligated to comply with applicable laws when using the website. Adriatic-Home therefore prohibits, for example, to offer accommodations, whose offer and/or application violates statutory provisions, infringes on the rights of third parties or offends against good manners.
5.3 It is the sole responsibility of each user to ensure that his offers are legal and do not infringe on the rights of third parties.
5.4 Users may not use addresses, contact details and e-mail addresses, which they have obtained through the use of the site for any purpose other than for the pre-contractual and contractual communication. It is especially forbidden to sell this data or to use it to send advertising, unless the user in question has expressly agreed in advance.
5.5 The website content stored by Adriatic-Home may not be copied or distributed without prior consent of the respective owners, or otherwise used or reproduced. This also applies to copying in the way of search engine technologies or via other automatic mechanisms.
6.1 The user is soley responsible for offers and content, such as images, that he uploads on the website or otherwise makes publicly available or distributes. These may not be injurious to the rights of third parties, in particular, injure personality rights or copyrights of third parties.
6.2 The user exempts Adriatic-Home from all third party claims, which are made applicable against Adriatic-Home on the basis of content, violation of GTC or other conduct for which the user is responsible. The liability exemption includes reasonable legal fees and court costs
By submitting content (text and images), the user grants Adriatic-Home the following non-exclusive, transferable, temporally and spatially unlimited rights to the posted content, for the purpose of the offering Adriatic-Home services:
(a) the archival and database rights, i.e. the right to archive the content in any form, and in particular to digitize it for database entry and save it on all known storage media and on any medium, and to connect it other work or work parts;
(b) the reproduction and distribution rights, i.e. the right to store the content as desired, to copy and to make it available or disseminate it in full or in part in electronic or other media (such as Internet, newspapers, magazines);
(c) the right to edit the content as desired, to change and in particular to reduce, to complement and link with other websites, and also prepare for use on mobile devices.
8.1 The right of users to use the website exists only in the context of the current state of the technology. Adriatic-Home temporarily restricts use if this is necessary regarding safety, integrity, capacity limitations or to the implementation of technical measures, and also when such restrictions serve to improve performance of the services used (maintenance).
9.1 If a provider posts an accommodation on the Adriatic-Home website, this is a non-binding invitation to bid on the proposed property with the specified conditions (rent, etc.) and will conclude with a rental contract. The renter can click the appropriate button to make a binding offer for conclusion of a rental contract by a certain date. The contract stands if the provider accepts the offer within 24 hours in appropriate Adriatic-Home procedure. If the provider does not accept the renter's offer within 24 hours, he is no longer bound by this bid.
9.2 If a contract is concluded between users, Adriatic-Home notifies the contract partners accordingly by sending an appropriate confirmation email. Adriatic-Home shall also communicate the necessary contract data, especially the duration use and total price. The total price consists of the price of the accommodation and Adriatic-Home's commission. The settlement of agreed upon conditions such as a safety deposit or cleaning costs is made directly between users.
9.3 The renter then pays the total cost to the provider. Payment is to be made by bank transfer, credit card or PayPal, and upon conclusion of the rental contract, will be debited and kept by Adriatic-Home in a non-interest bearing escrow account for the benefit of the provider. Should the amount receivable not be paid, the user must reimburse Adriatic-Home for the additional costs to the extent that it is his failure. Providers are not allowed to add additional costs or fees, which were not specified in the tendered price, and then demand these from the renter.
9.4 The registration as a user of Adriatic-Home is free. Adriatic-Home does not charge or charge for listing offers depending on advertising package.
9.5 The commission is due immediately upon conclusion of the rental contract, and can be paid by the user by bank transfer, credit card or PayPal. The total amount will debited by Adriatic-Home together with the escrow administered rental fee. Should the debt recovery fail, the user must reimburse Adriatic-Home for the additional costs incurred to the extent that it is his failure.
9.6 Users may only set off due and/or future claims of Adriatic-Home commissions unless these claims are legally established or undisputed. The assignment of claims to third parties is not possible.
9.7 Users are forbidden to bypass Adriatic-Home's commission and fee structure.
9.8 Adriatic-Home can change the rate of commission at any time. Adriatic-Home will advise users by e-mail of any such changes taking effect on the website in due time.
9.9 The user herewith assigns Adriatic-Home to pay the rental price, minus the commission of Adriatic-Home, 24 hours after beginning of the stay in the provider's rented property. The renter has the right to revoke the transfer to Adriatic-Home should the accommodation not have been left to him in the contractual state. In this case, the user must sent to adroatic-Home brief explanation.
9.10 The provider is soley responsible for the proper payment of applicable taxes.
9.11 Providers must be able to let the rented property to the renter for the agreed time period. For this purpose, providers and renters will agree on the necessary arrangements (location, time, etc.) soon after the conclusion of the contract.
9.12 The accommodation description and the images used may not infringe on the rights of third parties, and must relate strictly to the accommodation offered. Advertising that does not refer to the accommodation on offer is prohibited.
9.13 The users are forbidden to add links to other content in their offers.
9.14 In the event of an agreed cancellation option, the current, contracted conditions under 'cancellation policies' shall apply.
10.1 The website allows users to evaluate each other after renting an accommodation. The evaluations shall provide a meaningful index of users' trustworthiness. The evaluations are not reviewed by Adriatic-Home and may be inaccurate or misleading
10.2 The user is obligated to only make truthful statements in his evaluaiton and to comply with the rights. The views expressed by him may not injure third party rights, nor, in particular, infringe on personality rights. They must be objective and must not contain defamatory criticism
10.3 Any use of the evaluation system contrary to the purpose of the evaluation system is prohibited. It is specifically prohibited for users to write evaluations about themselves or to arrange for third parties to incorporate circumstances into evaluations that are unrelated to the settlement of the underlying contracts 10.4 Adriatic-Home does not intervene in the evaulation system. Evaluations are neither altered nor removed by Adriatic-Home. Evaluations cannot be altered after they have been posted. They are stored permanently in the feedback profile of a user, and can be viewed by all users. Users can be held legally responsible for the damage to the reputation of another user if feedback contains vulgar, obscene, racist, not permissable for minors or criminally offensive comments. Since Adriatic-Home niether censors nor reviews evaluations for accuracy, Adriatic-Home cannot be held legally responsible for posted comments, even if those comments are defamatory.
10.4 Should there be an abuse of the evaluations by a user, Adriatic-Home has the exceptional right to remove the evaluation, and take measures stated in section 14. This is especially true if:
the comment contains vulgar, obscene, racist, not permissable for minors, or criminally offensive remarks;
the evaluation contains another member's personal information, which includes, for example, name, address, phone number or e-mail address;
the evaluation contains links or scripts;
if a user has inadvertently posted a negative evaluation to a user, has however already fixed this error and assigned the same evaluation to the correct user;
the evaluation has been made by a person who was at the time of the transaction or posting the evaluation was not authorized (being underage);
The evaluation is from users whose members account were blocked by Adriatic-Hom
If both parties agree, they can retract the posted evaluation online. The evaluation post will be removed and does not enter into account's evaluation profile.
11.1 The user contract runs for an indefinite period of time.
11.2 The user may terminate the user contract at any time without notice. A termination notice to Adriatic-Home in writing (e.g. letter, fax, e-mail) is sufficient. User's already exisiting proven or brokered rental contracts with other users remain unaffected by the termination of the agreement. Same applies for commission claims already due.
11.3 Adriatic-Home may terminate the user contract. The right to block remains hereof unaffected.
11.4 The right to terminate for just cause, as well as the individually agreed upon termination rights of the user remain hereof unaffected. Just cause for Adriatic-Home exists in particular if: the user does not comply with a considerable payment obligation in whole or in part, despite a reminder with an appropriate deadline having been sent to the user-specified e-mail address; the user violates his obligations in this user contract, and despite a reminder with a timely deadline, does not take remedial action. A reminder is not needed if this is deemed not promising or the breach is so serious, or holding the contract is so restrictive as to be unreasonable for Adriatic-Home. Thereby, a serious breach is assumed when regular violations of the obligations under articles 5 and 6 ("user requirements") occur. Adriatic-Home terminates its website or its buisness; insolvency proceedings are opened against user's assets.
12.1 If there is sufficient indication that a user culpably breached legal provisions, rights of third parties or GTC, or if Adriatic-Home otherwise has a legitimate interest, in particular to protect members from fradulent activities, Adriatic-Home can, pending a conditional cancellation, take one or more of the following actions:
warn the user;
delete user's offers or other content;
restrict user's use of website;
temporarily or permanently exclude (block) user from website.
12.2 Adriatic-Home takes the legitimate interests of the user in question into consideration when choosing these measures.